Ah, you get it Grasshopper!
It is exactly the same principle (and verbiage) that is used to define
most of the road speed limits in New Hampshire. That is why you see that under
normal driving conditions you must be going anywhere from at least ten to fifteen miles an hour over the posted speed limit to receive a summons in New Hampshire.
Be forewarned however, many departments will stop you at excess speeds lower than that, and they usually have articulable suspicion to do so, but in most cases you receive a warning.
Absolute speed limits by definition on our State's 65 MPH highways and school zones are notable exceptions to the prima facie rule.
Prima facie limits are much more liberal in interpretation than absolute limits.
You give an excellent example. You are out on the Broads on a clear and calm unlimited visibility day and its just you and a distant NHMP boat. If you can articulate in Court that the spped you are suggesting, 70 MPH, was reasonable and prudent given the conditions of the day than you, my friend, have just learned what an affirmative defense is!
By the way, there is another side to these limits. Just because the limit is 25/45 does not mean that you can always approach these limits without due regard.
Lets say its a foggy limited visibility day, and you are plying along at 45 MPH because that's the limit. NHMP can still cite you for
unreasonable speed if they can articulate to the Court that given the conditions present that speed was unreasonable at that given time.
So it does cut both ways....
While I understand the angst of folks on both sides of the issue, I truly beleive that this RSA as passed is no where as onerous as some may believe. The bottom line for probably 99% of the folks that are out there boating is that as long as they use common sense and obey all other current safety regulations, you will still be able to travel at the speeds you have been used to for years.
In the end except for a few rare occasions I don't expect to see anything different out on the Lake. The economy and price of fuel will be the determining factor on boating conditions for the foreseeable future...when folks really decipher this particular legislation they will find that its biggest impact will be on one's particular emotions, not actions.
Anyway, that's my $.02!
